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HomeMy WebLinkAbout1958-09-10; Municipal Water District; Resolution 86I i .- 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2s 27 21 -I_ 29 sc 33 3: ._ - I RESOLUTION NO. 86 RESbLUTION OF BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AGREEING TO TERMS IMPOSED BY SAM DIEGO GAS AND ELECTRIC COMPANY FOR THE RIGHT OF THE WATER DISTRICT TO CONSTRUCT A -WATER PIPELINE OVER AN EASEMENT FOR POLES, WIRES AND INCIDENTAL PURPOSES BELONGING TO SAN DLEGO GAS AND ELECTRIC COMPANY WITJZW IMPROVEMENT DISTRICT # 2 OF SAID WATER DISTRICT WHEREAS, by Resolution PJo.79 adopted bythe Board of Directors of Carlsbad Municipal Water District at a special meeting held on April 25, 1958, the said Board determined that public interest, convenience and necessity of the said Water District required the 03, nstrmtion, operation and maintenance of certain pipe lines, reservoirs, facilities and appurtenances upon certain lands located within the District in County of San Diego, State of Califbrnia and that it was necessary to acquire certain rights of way, easemeris and lands under eminent domain proceedings; and WHERFAS, thereafter the attorney for the said Water District did file a complaint in eminent domain in the Superior Court ofthe State of California, in and for the County of San Diego, as Case No. 224550, entitled CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, PMNTIFI VS. ROBERT S. HORNE, SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, CHARLES H. CLARK, GLADYS CLARK, AVIS D. KOCH, AND DOES 1 to 10, INCLUSIVX& DEFENDANTS; and WHEREAS, the SAN DIEGO GAS & ELECTRIC COMPANY was joined as a defendant in said suit due to an interest that they heldin one of the parcels of real property by virtue of an easement for poles, wires and incidental purposes granted to said company by deed recorded July 16, 1954, in Book 5302, pages 384, 392 and 400 of Official Records, San Diego County; and WHEREAS, thereafter by negotiations the SAM DIEGO GAS & ELECTRIC COMPANY agreed that it was satisfactory to the SAN DIEGO GAS & ELECTRIC COMPANY that the pipeline of the CARLSBAD MUWIPAL WATER DISTRICT be constructed across the above described easement, with the understanding anc _..I ..I__. . ..... ~ .. . . .. .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 1E 19 2c 21 2.2 2: 24 QF GL 2E 27 <? r dC 2': 7' 3 L 3: 3: upon the conditions that the surface elevation of the land embraced wit-hin the boundaries of the easement will not be changed and in the future if at anytime the pipeline of the Carlsbad Municipal Water District should interfere with any of the Company's constructions that the expense to the SAN DIEGO GAS & ELECTRIC COMPANY which may be occasioned by such interference will be paid by the CARLSBAD MUNICIPAL WATER DISTRICT or its successors in interest; and WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL -WATER DISTRICT is desirous of adopting a resolution to accept and agree to such terms. NOW THEREFORE, THE BQARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY DETERNIINE AND MSOLVE AS FOLLOWS: 1. The CARLSl3AD MUNICIPAL WATER DISTRICT agrees that in connection with cnnstrmtion of a water pipeline across and within the boundaries of the easement granted to SAN DIEGO GAS & ELECTRIC COMPANY by deed recorded July 16, 1954, in Book 5302, pages 384, 392 and 400 of Official Records, San Diego County, the surface elevation Df the land embraced within the boundaries of the easement will not be changed and in the future if at any time the pipeline of the CARLSBAD MUNICIPAL WATER DISTRICT should interfere with any of the constructions of SAN DIEGO GAS & ELECTRIC COMPANY that the expense to the SAN DIEGO GAS & ELECTRIC COMPANY which may be occasioned bysuch interference will be paid by the CARLSBAD MUNICIPAL WATER DISTRICT or its successors in interest. ADOPTED, SIGNED ANI) APPROVED this 10th day ofSeptember, 1958. 7 ,h"..'; LL. ' (: ,L&* i Presidgnt of ,the Boaqd of Directors o Carlsbad MddcipalW$ter District ATTEST: r" Secretary of the Board of Directors of Ca rls b ad Municipal Water District -2 - 3 2 7 4 E 6 7 8 9 3.0 11 12 13 14 15 16 17 1.8 19 20 31 k.4- 22 23 24 25 26 27 28 23 30 3 1 32 STATE OF CALIFORNIA: COUNTY OF SAN DPEGO: : ss I, MAX 0. EWALD, Secretary of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said dis- trict at a regular meeting of said Board held on the 10th day of September, 1958; and that it was adopted by the following vote: AYES: Directors Ewald, Greek and Kelly NOES: Directors None ABSENT: Directors Carnohan and Fry P- (SEAL) r Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. STATE OF CALIFORMA: COUNTY OF SAN DIEGO.: : ss I, MAX 0. EWALD, Secretary of the CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 86, of said Board and that the same has not been amended or repealed. DATED: September 10, 1958. A- -3- Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof.